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Europe Daily Bulletin No. 9069
Contents Publication in full By article 19 / 35
GENERAL NEWS / (eu) ep/air safety

Large majority supports European black list

Brussels, 16/11/2005 (Agence Europe) - On Wednesday at first reading, the EP adopted the report by Christine De Veyrac (EPP-Ed, France) on the proposal for a regulation on the subject of air passenger information on the identity of the effective air carrier (577 in favour, 16 against and 31 abstentions). This is a great step towards strengthening air safety, Ms De Veyrac said on the subject of the text, which is the result of excellent cooperation between Parliament, Commission and Council and which should be endorsed as it is by the Transport Council in December.

The text recommends that a single European black list be established on the basis of common objective criteria, listing the airline companies that are banned in the EU. Member States have just one month from the date when the regulation takes effect to present the list of companies that they hope to include on the common list. The common criteria, determined by the committee composed of national air safety experts, mainly covers the results of controls carried out in European airports (SAFA programme, Safety Assessment of Foreign Aircraft) on the use of obsolete, old or badly maintained equipment, as well as the inability to remedy shortcomings detected during inspections, or the unwillingness of authorities to oversee companies in order to strengthen safety standards. The 25 lists will then be compiled by the Commission and the expert committee within one month into a single list valid throughout the EU. Every three months, the Commission will assess whether updating of the list is appropriate on the basis of information provided by Member States and the European Air Safety Agency (EASA). Ms De Veyrac pointed out: “We deliberately chose to draw up a European list rather than establish mutual recognition of each national list by all member States in order to avoid diplomatic incidents between Member States”. On the other hand, the idea of a “quality label” or of a “blue list” of ”best pupils” was not immediately adopted to avoid complicating work that should be rapid and effective. This solution also poses a legal problem, the rapporteur says, asking: If a company on the blue list has an accident, who would be held responsible?

The European black list will also include companies with traffic rights in the EU, as well as those that do not hold such rights but whose aircraft can be chartered in the EU. Ms De Veyrac said: “Today's vote is good news for European citizens who will see the same level of safety guaranteed whatever airport planes take off from or land at”. The list should be made public and be the subject of a far-reaching and effective communication, which, according to the Parliament, means that it should be published on the Commission's website and that of Member States, and also everywhere where passengers can buy air tickets (travel agents, airports, tour operators, etc). Passengers should be informed as soon as possible, and at any rate before boarding, of the identity of the company with which they will be travelling, howsoever their reservation was made. “With all the modern means at our disposal, we can now easily warn passengers at the last moment”, by SMS for example, Ms De Veyrac said. Passengers may also receive compensation or be transferred to another aircraft if the carrier has been placed on a black list after reservation, or if the carrier scheduled at the time of reservation has been replaced by a listed company.

The European list replaces existing national lists but does not do away with the right of a Member State to take urgent measures to suspend the immediate use of an air carrier on its territory, taking common criteria into account, in order to come to grips with an unforeseen safety problem. A Member State may also impose or maintain a ban on a carrier due to safety problems that affect it specifically. In order not to allow any breach in the mechanism, the EP, in agreement with Council, provides for the Commission to be able to propose adding a company to the list and even taking prohibition measures (with an advisory committee) if the risk is great, and when no Member State has used the emergency procedure. The decision should be endorsed by the committee of national experts.

Jacques Barrot congratulated Christine De Veyrac for having facilitated the rapid adoption of an ambitious provision valid throughout the EU. The list will have a deterrent effect for high-risk companies that want to come to Europe, and it will be added to the new competences attributed to the EASA, which will be responsible for certifying third country companies before they operate in European airspace, verifying that they meet safety criteria (EUROPE 9068). “This is a provision that intervenes before the black list and which completes it well. We wanted to make the EASA a real authority for air safety, equivalent to the Federal Aviation Administration of the United States”, Mr Barrot said.

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